Zackary	J.	Tempesco 1133	Whitner	Rd Reading,	PA	19605 zack@photobatic.com 610

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- 9354 20	May	2015 Administrator Federal	Aviation	Administration U.	S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave.,	SE Washington,	DC	20590 Re:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation Regulations	from	certain	parts	of	the	FARs. Dear	Administrator: Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of 2012	(the	Reform	Act)	and	14	C.F.R. Part	11,	Zackary	Tempesco,	a	professional	photographer	and	Licensed	Aviator,	hereby	applies	for	an exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	him	to	operate	a	small Unmanned	Aircraft	System (“sUAS”)	under	the	conditions	and	limitations	set	forth	in	this	Petition. The	requested	exemption	would	permit	the	operation	of	small,	unmanned	and	relatively	inexpensive sUAS	under	controlled	conditions	in	airspace	that	is	(1)	limited,	(2)	predetermined,	and	(3)	would provide	safety	enhancements	to	the	already	safe	news	gathering	operations	presently	using	manned helicopters	and	airplanes	in	Reading,	PA	and	surrounding	areas.	Approval	of	this	exemption	would thereby	enhance	safety	and	fulfill	the	FAA	Adm inistrator’s	responsibilities	to	“...establish	requirements for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.”	Section	333(c)	of	the Reform	Act. The	name	and	address	of	the	applicant	is: Zackary	Tempesco 1133	Whitner	Rd Reading,	PA	19605 610

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- 9354 zack@photobatic.com FAA	License	#3077185 Commercial	Pilot	for	Single	Engine	Land	Aircraft	with	Instrument	rating Certified	Flight	Instructor	for	Single	Engine	Land	Aircraft Currently	logged	over	750	hoursRegulations	from	which	the	exemption	is	requested:

14	CFR	Part	21 14	C.F.R.	§	45.23(b) 14	CFR	§	61.3 14	C.F.R.	§	91.7	(a) 14	CFR	§	91.9	(b)	(2) 14	C.F.R.	§	91.103 14	C.F.R.	§	91.109 14	C.F.	R.	§	91.119 14	C.F.R.	§	91.121 14	CFR	§	91.151	(a) 14 CFR	§	91.203	(a)	&	(b) 14	CFR	§	91.205(b) 14	CFR	§	91.215 14	CFR	§	91.405	(a) 14	CFR	§	407	(a)	(1) 14	CFR	§	409	(a)	(2) 14	CFR	§	417	(a)	&	(b) 3 The	Appendix	describes	the	FARs	from	which	an	exemption	is	requested	and	summarizes	the justification	for	each	requested	exemption. The	Petition	is	submitted	to	fulfill	Congress’	goal	under	Section	333(a)	through	(c)	of	the	Reform	Act, which	directs	the Secretary	of	Transportation	to	consider	whether	certain	unmanned	aircraft	systems may	operate	safely	in	the	national	airspace	system	(NAS)	before	completion	of	the	rulemaking	required under	Section	332	of	the	Reform	Act.	In	making	this	determination,	the Administrator	must	determine which	types	of	UASs	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public	or	pose	a	threat	to	national security	in	light	of	the	following: •	The	UAS’s	size,	weight,	speed,	and	operational	capability; •	Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and •	Operation	of	the	UAS	within	visual	line	of	sight	of	the	operator. Reform	Act	§	333	(a). If	the	Adminstrator	determines	that	such	vehicles	“may	operate	safely	in	the	national	airspace	system, the	Secretary	shall	establish	requirements	for	the	safe	operation	of	such	aircraft	in	the	national	airspace system.” Id.	§	333(c)	(emphasis	added). The	Secretary	has	delegated	his	aviation	authority	to	the Administrator	of	the	FAA. The	Federal	Aviation	Act	expressly	grants	the	FAA	the	authority	to	grant	exemptions	from	its	regulatory requirements	for	civil	aircraft,	a	term	defined	under	§40101	of	the	Act,	which	includes	sUASs.	The Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation	pre scribed	under	subsection (a)	or	(b)	of	this	section	or	any	sections	44702

- 44716	of	the	Federal	Aviation	Act	if	Administrator	finds the	exemption	in	the	public	interest.	49	U.S.C.	§	44701(f)	See	also	49	USC	§	44711(a);	49	USC	§	44704;	14 CFR	§91.203	(a)	(1 ). The	petitioner	is	a	professional	photographer	and	licensed	aviator.	He	takes	traditional	aerial photography	now	and	sells	the	photography	to	commercial	businesses,	homeowners	and	construction companies.	Using	small	UAVs	would	help	him	stay	competitive in	the	market	and	reduce	cost.	It	would also	provide	a	safer	means	of	photography	for	some	locations. He	has	been	advised	by	counsel	that	this	is not	now	permissible	unless	he	obtains	special	permission	from	the	FAA.	Many	competitors	of	Petitionerare	actively	flying	sUAS	to	conduct	aerial	photography	for	commercial	purposes,	notwithstanding	the

FAA’s	stated	prohibition.	He	also	notes	and	has	read	the	congressional	mandate	in	sections	332	and	333 of	the	FAA	Revitalization	and	Reform	Act	of	2012	that	the	FAA	move	quickly	to	accommodate	the economic	and	societal	benefits	that	can	result	from	widespread	deployment	of	sUAS	technology. Accordingly,	Petitioner	applies	for	authorization	under	the	Federal	Aviation	Act,	and	the	FARs	rules	to undertake	the	following activities	for	commercial	purposes.	Unless	the	Petition	is	granted,	Petitioner	will be	at	a	significant	competitive	advantage	if	he,	as	he	prefers,	complies	with	FAA	policy. **Vehicle** The	Petitioner	will	fly	a Blade	Qx3 equipped	with	a	three

- axis	gimbal	and	GoPro	camera. This	vehicle	has built	in	capability	to	limit	the	height	it	flies	above	the	ground,	to	limit	the	radius	of	the	distance	it	flies from	the	operator,	and to	exclude	it	from	class	B,	C, and	D	airspace.	The vehicle	also	has	the	built

- in capability	to	return	to	the	launching	point	if	the	wireless	control	link	is	interrupted	or	if	the	operator attempts	to	exceed	any	of	the	height,	radius,	or	airspace	limitations	programmed	into	it. The	vehicle	weighs	about	five	pounds	empty	and	has	a	maximum	gross	weight	of	approximately	twenty pounds.	It	has	a	top	speed	of	about	30	knots.	It	has	four	fixed

- pitch	rotors,	thrust	from	which	is	varied	by changing	RPM.	It	is	powered	by	a	lithium	polymer	battery. **Flight	profiles** The	petitioner	will	program	the Blade	Qx3 so	that	it	will	not	fly	above	400	feet	above	ground	level,	or more	than	1500	feet	away	from	him.	He	will	carefully	preflight	the	vehicle	before	each	mission	to	assure that	its	compass	and	GPS	system	are	properly calibrated	and	that	the	return

-to
- home	feature,	altitude, and	radius	limitations	work. He	will	operate	it	on	aerial	photography	missions	only	in	the	early	morning	hours	and	other	times	when few	people	are	out	and	about.	He	will	operate	it	only	over	large ly	unpopulated	areas	where	the	potential of	uncontrolled	descent	to	cause	injury	or	damage	is	low. He	will	not	operate	it	in	controlled	airspace.	In	the	unlikely	event	that	a	manned	aircraft	flies	below	400 feet	AGL	where	the	petitioners	operating	his Blade	Qx3 ,	he	will	keep	both	the	vehicle	and	manned aircraft	in	sight	and	avoid	the	manned	aircraft. More	particularly,	the	Petitioner	will	fly	only	over	the	following	types	of	areas:

- Over	open	water	in marinas,	anchorages,	and	rivers

- Over	lines	of	rail road	and	rail	classification	yards

- Over	expressways

- Over	nonresidential	and	noncommercial	large

- scale	industrial	areas

- Over	private	property	when	he	has	been	commissioned	by	the	person	in	legal	possession	of	the property	to	do	so The	Petitioner's	prop osed	operations	satisfy	the	criteria	provided	in	Section	333	of	the	Reform	Act relating	to	size,	weight,	speed,	operating	capabilities,	proximity	to	airports	and	populated	areas	and operation	within	visual	line	of	sight	and	national	security.	The	Petition justifies	grant	of	the	requested exemptions	allow	the	Petitioner	to	obtain	aerial	photography	with	his small	remote	controlled	UAV. Respectfully	submitted, Zackary	J	TempescoAppendix **FAR	section Subject**  **Justification**

14	CFR	§	45.23(b) Requirement	to	display registration	number	on vehicle Insufficient	space	on	vehicle

14	CFR	Part	21 Aircraft	certification requirements	and	procedures Designed	for	manned	aircraft; not	suitable	for	off

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- shelf sUAS 14	CFR	§	61.3 Requirement	for	pilot certificate Part	61	requirements designed	for	manned	aircraft, not	sUAS;	petition	describes training	for	sUAS	operator 14	CFR	§	91.7	(a) Airworthiness	requirement Designed	for	manned	aircraft; not	suitable	for	off

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- shelf sUAS 14	CFR	§	91.9	(b)	(2) Requirement	for	manual	to	be available	in	the	cockpit No	one	aboard	to	read	manual 14	CFR	§	91.103(b) Requirement	for	crew members	to	be	onboard Unmanned	vehicle 14	CFR	§	91.109 Requirement	for	dual	controls during	flight	instruction No	one	aboard	to	operate controls 14	CFR	§	91.119 Minimum	altitudes	for	safe flight Safety	requires	operation below	these	altitudes 14	CFR	§	91.121 Altimeter	settings No	one	aboard	to	read altimeter 14	CFR	§	91.151(a) Fuel	requirements Vehicle	does	not	use	fuel 14	CFR	§	91.203	(a)	&	(b) Requirement	for	registration and	airworthiness	certificates to	be	onboard No	one	aboard	to	read certificates 14	CFR	§	91.205(b) Cockpit	instruments No	one	aboard	to	read